Neuropsychological Aspects of Brain Injury Litigation A Medicolegal Handbook for Lawyers and Clinicians

This accessible handbook focuses on the importance of neuropsychological evidence and the role of the neuropsychologist as expert witness in brain injury litigation.

This thorough, evidence-based resource fosters discussion between the legal profession and expert neuropsychological witnesses. The chapters reflect collaborations between leading personal injury lawyers and neuropsychologists in the UK. Key issues in brain injury litigation are addressed that are essential to an understanding of the role of the neuropsychologist as expert witness and of neuropsychological evidence for the courts. These include neuropsychological testing, assessment of quantum, vocational rehabilitation, mental capacity, forensic outcomes, the frontal paradox, mild traumatic brain injury and more.

Combining the scientific and legal background with practical tips and case examples, this book is valuable reading for legal professionals, particularly those working in personal injury and clinical negligence, as well as trainees, students and clinicians in the field of neuropsychology, neurorehabilitation and clinical psychology.

1. Introduction

Phil S. Moore, Shereen Brifcani and Andrew Worthington

2. Legal Principles in Litigation

Henry F Charles and Ruth Johnson

Part 1: ‘But For’ The Brain Injury and Causation

3. Premorbid Abilities: Cognition, Emotion and Behaviour

Martin Bunnage with Marc Willems

4. Neuropsychological Testing in Brain Injury Litigation: A Critical Part of the Expert Neuropsychological Examination

Andrew Worthington and Phil S Moore

5. Paediatric Outcomes after Traumatic Brain Injury: Social and Forensic Risk Management in Multidisciplinary Treatment Approaches

Hope Kent, James Tonks and Huw Williams with Ian Brownhill

Part 2: Current Condition

6. Effort Testing, Performance Validity, and the Importance of Context and Consistency

Simon Gerhand, Chris A. Jones and David Hacker

7. Mild Traumatic Brain Injury and Persistent Neuropsychological Symptoms

Andrew Worthington and Phil S Moore

8. The Frontal Lobe Paradox

Sam Fisher-Hicks, Rodger Ll Wood and Bill Braithwaite

9. Assessing Mental Capacity in Brain Injury Litigation

Ian Brownhill

Part 3: Loss, Disability, and Impact

10. Legal Principles of Quantum

William Latimer-Sayer

11. Practical Applications of Quantum Principles

Andrew Worthington, William Latimer-Sayer and Andy Tyerman

12. Conclusion: Formulating Neuropsychological Opinion in Brain Injury

Phil S. Moore, Shereen Brifcani and Andrew Worthington

Phil S. Moore is a HCPC registered Consultant Neuropsychologist & Clinical Psychologist and Director of Medicolegal-Psychology-Neuropsychology Ltd. He has over twenty years’ experience of working clinically and previously worked for 15 years within the NHS. He has had over ten years’ experience of completing medicolegal expert witness work in brain injury.

Shereen Brifcani is a Consultant Clinical Psychologist, who has worked in the NHS and private sector healthcare since 2003. She continues to work clinically with people with various neurological conditions, has conducted medicolegal assessments since 2013, and provides psychological intervention for claimants with acquired brain injury.

Andrew Worthington is a Consultant Clinical Neuropsychologist and Clinical Psychologist with over 30 years’ experience in brain injury. He is honorary Professor in the Faculty of Medicine, Health and Life Science, Swansea University, UK. An internationally recognized expert in neuropsychological rehabilitation, he has provided medicolegal services since 1995.